The retrial of Constance Marten and Mark Gordon for gross negligence manslaughter and causing or allowing the death of their baby daughter has begun at the Old Bailey, with the defendants once again absent. The couple, who were convicted last June of child cruelty, perverting the course of justice and concealing the birth of a child, face the more serious charges after a previous jury failed to reach a verdict.
Presiding over the case, Judge Mark Lucraft KC, the Recorder of London, expressed frustration at Marten's absence, stating she had been declared fit to attend. 'Those who are genuinely ill, I have great sympathy for,' he said. 'Those who do not feel like coming, I have very little sympathy for.' He confirmed the trial would proceed regardless of their presence.
The couple first came to public attention in January 2023 when their burnt-out car was found near Bolton, containing baby clothes, a passport, a placenta wrapped in a towel and 38 mobile phones. A national search ensued, driven by concern for the baby, who was later named Victoria. Born on Christmas Eve 2022 in Northumberland, she spent her short life travelling in a sling under her mother's coat. She died at around two weeks old while the family were camping on the South Downs.
Marten, 38, is the daughter of aristocrat Napier Marten, a former page to the Queen, and grew up at Crichel House in Dorset. Gordon, 51, spent 20 years in American prisons after being charged with rape and battery at 14. Their relationship has drawn intense public fascination, described by commentators as a marriage of contrasting backgrounds.
During the original trial, which lasted six months, the couple frequently failed to attend court. When present, they were observed embracing, despite being held in separate prisons. The retrial is expected to continue for several months, with Judge Lucraft maintaining a firm stance on attendance.
